AFARI vs. COMMISSIONER OF POLICE [1963]DLSC1902

Date	1963-04-26
Suit No.
Citation No.	[1963]DLSC1902

VAN LARE JSC

SARKODEE-ADOO JSC

AKUFO-ADDO JSC

K. NARAYAN FOR THE APPELLANT

D. F. ANNAN

SENIOR STATE ATTORNEY

FOR THE RESPONDENT

[1963]DLSC1902
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AFARI

[SUPREME COURT]

[1963] 1 GLR 381

DATE: 26TH APRIL, 1963.

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COUNSEL:&nbsp;&nbsp;

K.
NARAYAN FOR THE APPELLANT ,D. F. ANNAN, SENIOR STATE ATTORNEY, FOR THE
RESPONDENT.

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VAN LARE, SARKODEE-ADOO AND
AKUFO-ADDO JJ.S.C

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&nbsp;

In its judgment read by van Lare J.S.C. the Supreme Court held
that: It is clear in our view that where there are no other charges pending
against an appellant at the time of his conviction it is an error in law to
take into consideration any other offence admitted by the appellant in
sentencing him. There is no doubt that the sentence of eighteen months’
imprisonment with hard labour reflects the consideration the circuit judge gave
to the alleged other offences, otherwise the sentence would have been less.

<a name="_gjdgxs"></a>In the circumstances, the term
of imprisonment imposed has been enhanced on a wrong principle of law, and
should therefore be reduced. The appeal as to sentence is therefore allowed and
the sentence imposed at the trial is reduced to twelve months imprisonment with
hard labour.